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September 11, 2026Weekly

The Weekly Highlights for Benefits Professionals

BenefitsWire

Retirement Plans

Week of September 11, 2026

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12 items · ~4 min read

In this issue

Regulatory Action and Guidance (11)  ·  Retirement Plans (1)

Regulatory Action and Guidance

11 items
Developing Internal Revenue Service

“This is in response to a request for a letter ruling submitted on behalf of Taxpayer by your authorized representatives on October 6, 2025, and updated by correspondence dated March 13, 2026, April 7, 2026, and April 15, 2026, regarding the treatment of the transfer of surplus assets following the termination of its qualified defined benefit pension plan, Plan A, to a qualified defined contribution plan, Plan B, under section 4980 of the Internal Revenue Code (Code).” MORE >>

Source: IRS

DOJ’s National Fraud Enforcement Division Focuses on Government Program Fraud: What Recipients of Federal Funds Need to Know

“On August 13, 2026, Assistant Attorney General Colin M. McDonald issued a memorandum to all personnel of the Department of Justice’s (DOJ) newly created National Fraud Enforcement Division (the Fraud Division).” MORE >>

Source: Foley & Lardner

DOL Updates Model Annual Funding Notices for SECURE 2.0 - Verrill

“The DOL has updated its Model Annual Funding Notices to incorporate SECURE 2.0 requirements. Key changes include expressing funded status as 'percentage of plan liabilities funded' using fair market values, requiring investment return data for the plan year, mandating participant counts for the three preceding plan years in tabular format, expanding the PBGC section for clarity, and removing the disclosure of 'at-risk' liability calculations for underfunded plans.” MORE >>

Source: Verrill

Performance Review Board Members

“Notice on public inspection, scheduled to publish 2026-09-04.” MORE >>

Source: Federal Register

IRS Issues Proposed Regulations on Discrimination by Private Schools

“Articles + Publications September 9, 2026 Todd L. Cooper Walter J. St. Onge, III Jennifer Capasso Mendonça Neal R. Pandozzi Stephanie H. Massey On September 4, 2026, the Internal Revenue Service (IRS) published in the Federal Register a Notice of Proposed Rulemaking (REG-119986-25, RIN 1545-BS05) (Notice).” MORE >>

Source: Troutman Pepper Locke

Developing Agency Information Collection Activities; Comment Request on Form 1098-E

The IRS is requesting comments on the information collection requirements for Form 1098-E, which relates to student loan interest. This may affect institutions and individuals involved in student lending. MORE >>

Source: Federal Register

The IRS Issues Proposed Regulations on Trump Accounts and Dependent Care Assistance Programs

"On August 11, 2026, the Internal Revenue Service (“IRS”) and Department of Treasury (the “Department”) released proposed regulations governing employer contributions to Trump Accounts (“TAs”) and long-awaited nondiscrimination guidance regarding Dependent Care Assistance Programs (“DCAPs”). The rules establish the operational framework for Trump Account employer contribution programs (“TACPs”) while also clarifying DCAP and TACP nondiscrimination testing requirements. Although the rules are in proposed form, plan sponsors may rely on the guidance when implementing TACPs and performing nondiscrimination testing until the regulations are finalized." MORE >>

Source: Trucker Huss

Recent DOL Guidance on Supervisor Tips and Employee Volunteers Under the FLSA

“Supervisors and managers are prohibited from retaining tips from tip pools under any circumstances. “Manager” and “supervisor” status is determined by duties, not titles (29 CFR § 541.100(a)(2)–(4)). WHD Opinion Letter FLSA2025-03 emphasizes a duties-based analysis for tip pool eligibility. Private-sector employers generally cannot accept volunteer labor—even if employees wish to “volunteer.” The new IRC § 224 “No Tax on Tips” deduction does not extend to managers receiving tips in a managerial capacity.” MORE >>

Source: Pierson Ferdinand

UK Government Launches Consultation on New Acas Code of Practice on Disciplinary and Grievance Procedures

“Acas has published a consultation on a revised draft Code of Practice on disciplinary and grievance procedures with a view to “fixing the friction” and promoting better early resolution of concerns in the workplace. The current proposed draft is a much expanded and materially reworked version of the existing Code and is described as playing a “critical role in a wider reset to build good workplace relations.” The consultation is open for feedback until 23 September 2026. Overview of the Consultation The Acas Code of Practice on disciplinary and grievance procedures (the ‘Code’) has long been a cornerstone for navigating workplace disputes in the UK. While a failure to follow the Code does no” MORE >>

Source: Littler

Kathleen Harris Discusses Top White Collar Crime Cases of 2026 in Law360

“Kathleen commented on the Serious Fraud Office’s (SFO) first corporate plea settlement in five years, in which defense contractor Ultra Electronics agreed to pay £15 million after admitting it failed to prevent bribery in pursuit of contracts in Oman and Algeria. She told the publication the agreement showed that despite the SFO’s shift toward tackling offending with a domestic impact, the agency remains willing to deal with clear-cut instances of overseas corruption.” MORE >>

Source: Arnold & Porter

IRS Proposes Sample Forms to Standardize Retirement Plan Rollovers: What Retirement Plans Should Know About Notice 2026-49

“Treasury is considering whether to amend Treas. Reg. § 1.401(a)(31)-1, Q&A-4, which permits a direct rollover check to be delivered to the participant, and whether to remove the related safe harbor in Revenue Ruling 2014-9. Future guidance could require a rollover to be completed by electronic transfer or by a paper check sent directly to the receiving plan. The agencies are also considering safe harbors for plans that use forms similar to the samples, and clarifying that plans may not require a Medallion Signature Guarantee, distribution letter, or similarly burdensome documentation.” MORE >>

Source: jdsupra.com

Retirement Plans

1 item
National Vaccine Injury Compensation Program; List of Petitions Received

The FDA has determined that certain Phenaphen with Codeine oral capsules were not withdrawn for safety or effectiveness reasons, which will allow for the approval of generic drug applications if other requirements are met. MORE >>

Source: Federal Register

BenefitsWire · A digest for ERISA attorneys, third-party administrators, actuaries, recordkeepers, and benefits consultants.
An informational digest, not legal advice.
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